Sex offender?????

[Rhinoskin]

What is the name of your state? Kentucky

My client, when he was eleven he molested his sister. This happen in the state of Colorado at the time. He was commited to the state of Colorado and put into several treatment centers. At age fifteen he was released and he went to live with his parents in Kentucky with no farther incidents. He is now an adult. Some say he must register with the state has a sex offender. Some say he does't because the offense was long ago and his juvenile record is sealed. Other say he does't because he did not commit any crimes in his youth or as an adult in the state of Kentucky. Does he or does't he?

 

[Indiana Filer]

What is the name of your state? Kentucky

My client, when he was eleven he molested his sister. This happen in the state of Colorado at the time. He was commited to the state of Colorado and put into several treatment centers. At age fifteen he was released and he went to live with his parents in Kentucky with no farther incidents. He is now an adult. Some say he must register with the state has a sex offender. Some say he does't because the offense was long ago and his juvenile record is sealed. Other say he does't because he did not commit any crimes in his youth or as an adult in the state of Kentucky. Does he or does't he?

The Kentucky law says that it applies to those convicted after July 15, 1994. For Colorado, the date is July 1, 1991. So, did the offense happen before or after July 1, 1991? If it was before, it is possible that he needed to register.

The specific information about whether or not he needed to register depends on the following:
1. A juvenile adjudicated for two or more offenses involving unlawful sexual behavior or a for a crime of violence as defined under C.R.S. 18-1.3-406

2. A juvenile who is required to register pursuant to section 16-22-103 because he or she was adjudicated for an offense that would have been a felony if committed by an adult and has failed to register as required by section 16-22-103.

If he was not required to register in CO, then KY will not require him to register.

Does he remember having a hearing about whether or not he was required to register before he was released to his parents? There should have been a specific hearing on that issue before he was released.

BTW, juvenile records in CO are not automatically sealed. He needs to request expungement from the Court where he was adjudicated in order to have it sealed. If he doesn't, if he gets arrested, his juvenile record could be accessed to do the Pre-Sentence Report.